Chapter 1 — Definitions and Construction of Division

12100 - Definitions.

The following definitions govern construction of this Division unless the particular provision or the context clearly requires otherwise. Words used in the present tense include the future tense and words used in the singular include the plural unless the particular provision or the context clearly requires otherwise.

(a)

Applicant. A person who has applied for a permit under this Division and meets the requirements of Section 12400.

(b)

Actual Cost. The amount determined by applying the provisions of the fees schedule.

(c)

Base Course. That portion of the highway structural section located between the pavement and the native compacted material.

(d)

Chapter. A chapter of this Division, unless some other ordinance, division, or statute is cited.

(e)

Commissioner. The Road Commissioner of the County of Ventura or his or her designee.

(f)

County. The County of Ventura, State of California.

(g)

Department. The Transportation Department of the County Public Works Agency.

(h)

Director. The Director of the Department.

(i)

Driveway Approach. That portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the road onto adjacent property.

(j)

Emergency. A condition that poses an imminent threat to life or property, e.g., water line break, sewer or gas line leak, down power poles, excessive waste of a resource, inability to deliver utilities to adjacent residences, etc.

(k)

Encroachment. Any structure, object, or condition of any kind or character placed or created on, in, along, under, over, or across any County road right-of-way, street, sidewalk, or dirt or graded shoulder, including, but not limited to, any excavation, obstruction, speed humps, speed cushions, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand, building or transport of an extralegal load.

(l)

Encroachment Work. The work of constructing, placing, installing, repairing, or maintaining an encroachment in the right-of-way.

(m)

Extralegal Load. Has the same meaning as that in Vehicle Code section 320.5.

(n)

Fees Schedule. The then-current schedule of fees and charges adopted by resolution of the Board of Supervisors.

(o)

Filming. The use, for commercial purposes, of a photographic or audio recording device, whether digital or otherwise, to record moving or still pictures or sound, including all associated parking, base camp, meal, and other related activity. "Commercial purposes" includes, but is not limited to, work by a student on a project as a part of that student's education at any school or training program, whether public or private.

(p)

Moratorium Road. A County roadway that has received any pavement treatments:

(1)

Greater than one-half inch (½") in thickness within the last five (5) years; or

(2)

One-half inch (½") or less in thickness, within the last three (3) years, excluding slurry seal.

(q)

Moving Contractor. Any person who for that person or for another moves or causes to be moved any load over, upon, along, or across any highway.

(r)

Must, May. "Must" is mandatory. "May" is permissive.

(s)

Notification Zone. Notification zones as defined below are minimum requirements. The Director, at the Director's sole discretion, may extend the notification zone where the impacts extend outside the notification zone.

(1)

For a permit for an encroachment not involving filming, a special event, or a wireless telecommunications facility: A zone comprised of all properties identified in the last equalized County assessment roll that lie either wholly or partially within the region centered on the centerline of the right-of-way that is three hundred (300) feet wide, measured perpendicular to the centerline of the right-of-way, and that includes the construction area of the proposed encroachment work and extends two hundred fifty (250) feet along the centerline of the right-of-way beyond the beginning and end of the construction area of the proposed encroachment work.

(2)

For a permit for an encroachment involving filming or a special event: A zone comprised of all properties from which any visible, audible, or other effect of the filming (including, but not limited to, parking, economic effect, traffic, and privacy) will be perceptible and all properties that are either on the same block as the filming activity or within one thousand (1,000) feet of the filming activity, whichever is less.

(3)

For a permit for an encroachment involving a wireless telecommunications facility: A zone comprised of the region centered on the proposed wireless telecommunications facility measuring five hundred (500) feet long, measured along the centerline of the right-of- way, and three hundred (300) feet wide, measured perpendicular to the right-of-way.

(t)

Pavement. The hard surface of the right-of-way composed of various size aggregates mixed with Portland cement or asphaltic compounds.

(u)

Permit. A personal, revocable, non-exclusive license to place or create an encroachment in the right-of-way, issued by the Commissioner; also referred to as an encroachment permit.

(v)

Permittee. A person who has been issued a permit under this Division.

(w)

Person. Any natural person, firm, partnership, joint venture, association, corporation, company, estate, trust, business trust, district, city, or county including the County, and all departments, agencies, and bureaus of any person, except the Operations and Maintenance Division of the Department.

(x)

Pole. A public-utility pole, streetlight pole, or traffic-signal standard.

(y)

Public. Any person, as defined in this Division, other than the Operations and Maintenance Division of the Department, including the United States and the State of California.

(z)

Roadway, Road, Highway, Right-of-Way, Road Easement. A County highway, as defined by Streets and Highways Code section 25, including any public highway, public street, public way, or public place in the unincorporated territory of the County, that is owned by the County or that has been dedicated to the public for the purpose of travel and that has been accepted into the County road system by the Board of Supervisors or by a person with duly delegated authority. The term includes all or any part of the entire width of the right-of-way, and the area above and below the right-of-way, whether or not used for highway purposes, including, but not limited to, the pavement, traveled way, sidewalk, and shoulder.

(aa)

Section. A section of this Division unless some other ordinance, division, or statute is expressly cited.

(bb)

Sidewalk. Has the same meaning as that in Streets and Highways Code section 5600, but also includes a paved walkway and its associated structures between the traveled way and the edge of the right-of-way, including, where that walkway exists, any park, parkway, or other unpaved area between the traveled way and the edge of the right-of-way, and any curb, bulkhead, retaining wall, or other work for the protection of any of these structures.

(cc)

Special Event. An organized activity, conducted in the right-of-way, that affects normal traffic flow, for the purpose of recreation, fundraising, or competition, including, but not limited to, running, bicycling, automobile, and motorcycle events; parades; demonstrations; parties; gatherings; and assemblies.

(dd)

Special Permit Vehicle. A vehicle or combination of vehicles, whether laden or unladen, for which the Vehicle Code authorizes or requires issuance of a special permit.

(ee)

Trailer. Has the same meaning as that in Vehicle Code section 630.

(ff)

Transportation Permit. A permit for movement of an extralegal load.

(gg)

Traveled Way. That portion of the right-of-way intended primarily for vehicular traffic. Excludes the sidewalk and shoulder. Where curbs exist, the traveled way is that area between the curbs.

(hh)

Unreasonable Interference. Any use of the right-of-way that disrupts or interferes with its use by the County, the general public, or other persons authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that permanently disrupts vehicular or pedestrian traffic; any interference with public utilities; and any other activity that will present a hazard to public health, safety, or welfare.

(ii)

Utility. An entity that is certified by the California Public Utilities Commission or other regulatory body to provide or install any facilities for the delivery or transmission of telecommunications, wireless communications, electricity, oil, gas, water, sewer, internet, or other similar data transfer service, including any city, county, district, or other governmental agency so certified, to the extent allowed by law. For the purpose of this Chapter, "utility" also includes companies providing cable television services.

(jj)

Vehicle. Has the same meaning as that in Vehicle Code section 670.

(kk)

Vehicle Height. That dimension of a vehicle, including any load carried by that vehicle, measured vertically from a level surface upon which the vehicle stands to the highest protrusion of that vehicle or its load.

(ll)

Vehicle Width. The greatest dimension of a vehicle, including any load carried by that vehicle, measured at right angles to the anterior- posterior axis of the vehicle.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12101 - Construction of Division.

This Division does not preempt the provisions of the Coastal Zoning Ordinance. Any applicant proposing to do any act described in Section 12200 in the Coastal Zone must, before applying for a permit under this Division, first obtain any permit required by the Coastal Zoning Ordinance. In the event of any conflict between any provision of this Division and a provision of the Coastal Zoning Ordinance, the provision of the Coastal Zoning Ordinance must prevail.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12102 - Severability.

If any provision or clause of this Division or its application to any person or circumstance is found to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity will not affect other provisions, clauses, or applications, and to this end the provisions and clauses of this Division are declared to be severable.

(Ord. No. 4540, §§ I, II, 3-19-2019)